Case law

Ajaxo Inc. v. E Trade Group, Inc.

37 Cal. Rptr. 3d 221 · California Court of Appeal · Dec 21, 2005

And so . . . there was clearly ample time for them to understand very clearly about how the technology worked and how to go out and effectively implement that technology.” … Accordingly, Ajaxo made no showing to establish the reasonableness of its prior counsel’s fees.

People v. Brasuell CA2/6

California Court of Appeal · Apr 21, 2025

Brasuell has not established that the court abused its discretion by appointing standby counsel and not advisory counsel. II. … Brasuell points out that A.B. received immunity for her testimony, she introduced A.D. to him, and A.B. participated in sexual activity with him and A.D.

Yeoman v. Department of Motor Vehicles

273 Cal. App. 2d 71 · California Court of Appeal · May 16, 1969

In that respect, the Legislature has clearly given its approval to Board’s interpretation by the enactment of section 12517, Vehicle Code, and section 16855, Education Code. … The school bus driver’s certificate shall be issued only to applicants qualified by an examination prescribed by the DMV. . . . Such certificate shall be valid for not to exceed two years. ’ ’

BUILDING INDUSTRY ASSN. OF SAN DIEGO, INC. v. City of Oceanside

27 Cal. App. 4th 744 · California Court of Appeal · Jul 19, 1994

(Id. at p. 294. ) We were unable to establish the validity of any of BIA’s various asserted conflicts between Prop. A and state law “without reference to established facts.” (Ibid.) … Our task now is to decide whether on the facts as now established by the trial court, Prop.

Davis v. Southern Cal. Edison

California Court of Appeal · May 5, 2015

The NEM Solar Generation Program SCE established the NEM program pursuant to section 2827. … The Constitution confers broad authority on the commission to regulate utilities, including the power to fix rates, establish rules, hold various types of hearings, award reparation, and establish its own procedures.’”

People v. Garcia

California Court of Appeal · Mar 9, 2020

We are not persuaded that all records of prior criminal convictions are immune from confrontation clause challenge. … (e)(33) [listing a violation of section 25850 as a qualifying predicate offense].)

People v. Sullivan CA1/5

California Court of Appeal · Feb 11, 2016

A court may also consider nondiscriminatory reasons for a peremptory challenge that are apparent from and ‘clearly established’ in the record [citations] and that necessarily dispel any inference of bias. … The former ground was not sufficient alone to establish a prima facie case. (See People v.

Jones v. Dumrichob

63 Cal. App. 4th 1258 · California Court of Appeal · May 13, 1998

The statute clearly indicated that discretionary costs may be recoverable for services performed both in the preparation or trial of the case. … Initial verification will suffice to establish the reasonable necessity of the costs claimed.

People v. Lopez

California Court of Appeal · Nov 20, 2019

Under the new law, none of Lopez’s four prior prison terms qualify for this enhancement. … Instead, the 2015 conviction clearly demonstrated Lopez’s motive, intent and knowledge regarding the sale of heroin. (Evid. Code, § 1101, subd. (b).)

Ocean Park Associates v. Santa Monica Rent Control Board

8 Cal. Rptr. 3d 421 · California Court of Appeal · Jan 7, 2004

[f] (3) Establish a base rent ceiling on rents under Section 1804(b)[;] (4) . . . … Although in another factual situation, the failure to be more precise concerning reasonable time or manner of construction might be fatal to a Board determination, in this case, the figures utilized by the hearing officer were clearly

People v. Clemmons

153 Cal. App. 2d 64 · California Court of Appeal · Aug 1, 1957

He did not remain silent but answered affirmatively to accusatory statements which clearly point to his guilt. The accusatory statements and his replies were properly admitted into evidence. (People v. … “No doubt a guilty person may justly be called upon at any time, for guilt deserves no immunity. But it is the innocent that need protection.

People v. Conley CA3

California Court of Appeal · Feb 19, 2015

Diaz was the clearly established law in this state at the time of the search and the good faith exception to the warrant requirement applies to reasonable reliance on binding precedent. (Davis v. … Some, such as the expletive, were not hearsay because they were clearly not offered for the truth.

People v. Howard CA4/2

California Court of Appeal · Apr 13, 2021

“By its plain language, section 1170.95 . . . makes resentencing relief available only to qualifying persons convicted of murder.” (People v. Sanchez, supra, 48 Cal.App.5th at p. 918; accord People v. … Love (2020) 55 Cal.App.5th 273, 286, review granted Dec. 16, 2020, S265445 [“In our view, Senate Bill 1437’s legislative history pretty clearly establishes that its amendments apply to the crime of murder and to

People v. Boyd CA2/3

California Court of Appeal · May 2, 2014

Lambert had qualified as a gang expert once before. Lambert testified his responsibilities included gathering intelligence on gang crimes and gang wars. … Williams (1997) 16 Cal.4th 153, 195 [officer who was member of special gang unit and “had been involved with gangs for seven years” qualified as gang expert]; People v.

NYGÅRD, INC. v. Uusi-Kerttula

72 Cal. Rptr. 3d 210 · California Court of Appeal · Feb 1, 2008

The Anti-SLAPP Statute and the Standard of Review A special motion to strike under section 425.16—the so-called antiSLAPP statute—allows a defendant to seek early dismissal of a lawsuit that qualifies as a SLAPP. … Probability of Prevailing “ ‘In order to establish a probability of prevailing on the claim (§ 425.16, subd.

Wilson v. Hidden Valley Municipal Water District

256 Cal. App. 2d 271 · California Court of Appeal · Nov 22, 1967

This proposition is well-established. For example, they appropriate and borrow money for public purposes (see Berkeley High School Dist. v. … Under the statute pursuant to which this District was created, it is now immune from attack upon the validity of its incorporation and the legality of its existence. (Wat. Code, § 71196.)

ABS INSTITUTE v. City of Lancaster

24 Cal. App. 4th 285 · California Court of Appeal · Mar 30, 1994

To qualify for this preemption exception, the local entity must (as provided in subdivision (a) of section 17958.7) “make an express finding that such modifications or changes are *289 reasonably necessary because of local … The City’s findings, based primarily on Reed’s uncontroverted testimony, are clearly based on substantial evidence (Kearl v. Board of Medical Quality Assurance (1986) 189 Cal.App.3d 1040, 1052 [236 Cal.

Valero Refining Co. etc. v. Bay Area Air Quality etc.

California Court of Appeal · May 28, 2020

Section 40709 requires each air district to adopt regulations establishing an air pollution emission offset system. (See § 40709.) … The air district’s regulations state that emissions reductions calculated in accordance with its specified methodology qualify as “emission reduction credit” if they exceed the reductions required by law, rule, regulation

People v. Dickson

167 Cal. App. 3d 1047 · California Court of Appeal · May 6, 1985

Appellant’s counsel sought judicial “use immunity” to encourage Johnson to testify, but it was denied, and when called as a witness, Johnson asserted the Fifth Amendment. … California cases applying Massiah do not clearly dispose of the issue.

Podiatric Medical Board etc. v. Superior Court

California Court of Appeal · Mar 30, 2021

We need not decide the issue, because, as already established, Dr. … In these circumstances, the presiding ALJ’s ruling qualifies as a prejudicial abuse of discretion, justifying issuance of the writ. The purported appeal is dismissed.